Heins v. RUTI-Sweetwater (In Re Sweetwater)

MEMORANDUM OPINION

JENKINS, Chief Judge.

This is an appeal from the June 8, 1984, Bankruptcy Court order confirming Sweet-water's Chapter 11 Plan of Reorganization. It raises a single issue: whether a non-voting, non-objecting creditor who is the only member of a class is deemed to have accepted the plan for purposes of 11 U.S.C. § 1129. 1

On November 2, 1984, this court heard oral arguments on the appeal. Richard F. Bojanowski appeared for the appellant creditors, Allan Heins, Janet Heins, and Hildegard Heins. Ralph R. Mabey and Steven J. McCardell (Robert Nelson with them on the brief)…